Koci v Secretary of State for the Home Department [2003] EWCA Civ 1507 (22 October 2003)

Koci v Secretary of State for the Home Department [2003] EWCA Civ 1507 (22 October 2003)

The Immigration Appeal Tribunal erred in overturning the adjudicator's findings, as those findings were not plainly wrong and were supported by credible evidence of individual risk to the appellant from a blood feud in Albania; the IAT failed to properly consider the appellant's specific circumstances and misapplied the standard for appellate intervention.

Citation
[2003] EWCA Civ 1507
Parties
Applicant/appellant: Dashamir Koci; Respondent/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
22 October 2003
Procedural Posture
Appeal From Immigration Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Asylum, Blood Feuds, Article 2 ECHR, Article 3 ECHR, Effective State Protection, Standard of Review by Appellate Tribunal
Immigration Law Human Rights Law Asylum Blood Feuds Article 2 ECHR Article 3 ECHR Effective State Protection Standard of Review by Appellate Tribunal

Case Brief

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Parties

Dashamir Koci

Applicant/appellant

Secretary of State for the Home Department

Respondent/respondent

Procedural Posture

Appeal From Immigration Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Immigration Appeal Tribunal was justified in overturning the adjudicator's findings regarding risk to the appellant under Articles 2 and 3 ECHR
  2. 2 Whether sufficient state protection was available to the appellant in Albania against blood feud violence
  3. 3 Whether the IAT failed to consider the appellant's individual circumstances

Ratio Decidendi

The Immigration Appeal Tribunal erred in overturning the adjudicator's findings, as those findings were not plainly wrong and were supported by credible evidence of individual risk to the appellant from a blood feud in Albania; the IAT failed to properly consider the appellant's specific circumstances and misapplied the standard for appellate intervention.

Court Disposition

Appeal allowed

Orders

  • Decision of the Immigration Appeal Tribunal set aside in respect of the Human Rights claim
  • Adjudicator's determination restored